The Sunday herald and weekly national intelligencer., 1887-03-13
AN INTERESTING QUESTION.
The President Has No Right TO Sign Bills
After the Adjournment of Congress.

The President Has No Right to Sign Bills
After the Adjournment of Congress.
OF all that has been written and said during
the past few days relative to the important
question whether or not the President has a
right to sign bills after Congress shall have ad-
iournod, the following report contains tho best
statement of facts and the most reasonable con
clusion. II should he remarked that Mr.
James L. Wilson, Of Iowa. who made this re-
port TO the House, June IL, 1884 us the unani-
nous verdict Of the Committee on the Judlci-
ary, Is esteemed one Of the ablest lawyers In
the United States Senate. while several other
members Of that committee enjoy national
reputation as able aud learned lawyers Mr..
Wilson'S colleagues on the Judiciary Commit
tee at that time were George =. Boutwell,, Of
achusctts Francis Herman, Of New York;
Francis Thomas, Of Maryland; Thomas VIII
liams of Pennsylvania; Austin A. King, OF Mis-
souri,: Frederick T.. Woodbridge. OF Vermont;
Daniel Morris, Of New York, aud George Bliss,
| of Ohio.
The committee had been instructed by the
House to inquire aud report by what warrant
or authority President Lincoln approved, on
the 18th Of March, 1853, nine days after Con
gress adjourned, the act TO provide for the col
lection Of abandoned property and for the pro-
vention of frauds In the insurrcctionary districts
within the United States. Tho Secretary of
State In response TO the committec's inquiry,
stated that the original act bore the signature
OF tho President and In his own handwriting
| were the words, "Approved March H. 1853"
Thcrcuron the committees report stated:
"The section Of the Constitution of the
United States bearing upon this question reads
| as follows:
"'If any bill shall not he returned by the
| President within ten days Sundays excepted)
| after II shall have been presented TO him, the
same shall be n law, In like manner as II he had
signed IT, unless the Congress. by their adjourn
meut, prevent It's return, In which case II shall
not be a law
"The committee are informed that In the
great press of business immediately preceding
the adjournment Of Congress on the Fourth Of
March. 1853, the act which is made the subject
matter of inquiry by the resolution Of the
House was passed to the Secretary of the
Treasury for examination, rs II related particu-
| larly to his Department II did not reach the
President again until after the adjournment of
Congress, when 1t was approved by him under
the belief thnt the last clause of the section OF
the Constitution, above quoted, was designed
more especially to prevent Congress from ell
acting laws without the approval Of the Execu-
tive, which might be done by tho passage OF
bills by the Houses, followed by an adjourn
ment, before the President could examine and
return them, were II not for the declaration
| that In such cases the bills shall not bc laws;
and did not relate TO cases wherein the Execu-
tive should approve bills sent to him by Con-
grcss within ten days, even though an adjourn
ment should occur before the return of the bills.
"That there is force aud plausblity in this
position, little reflection will discover to any
mind; but the committee cannot receive Il ns n
correct Interpretation Of the Constitution.
"Thc ten days limitation contained In the
section above quoted refers to the time dur
Ing which Congress remains in session. and
has 10 application after adjournment Hence
II the Executive can hold a bill ten days after
adjournment and then approve II, he can as
well hold II ten months before approval. This
would render the laws of the country too un-
certain, and could not have been intended hy
| the trainers of the Constitution.
1.-The spirit of the Constitution evidently re
qures the performance Of every act necessary
to the enactment and approval of laws to be
perfect before the adjournment of Congress.
"Tbe committee, therefore, conclude that the
act referred to, approved March T. 1858. is not
in force: and IN this conclusion the committee
| are unanimous -